30:0290(34)CA - Navy, Navy Public Works Center, Honolulu, HI and Hawaii FEMTC -- 1987 FLRAdec CA
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The decision of the Authority follows:
30 FLRA No. 34 DEPARTMENT OF THE NAVY NAVY PUBLIC WORKS CENTER, HONOLULU, HAWAII Respondent and HAWAII FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO Charging Party Case No. 98-CA-70447
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. The complaint alleges that the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by refusing to provide the Charging Party with the names and home addresses of bargaining-unit employees. The Respondent and the General Counsel filed briefs. 1 For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.
The Hawaii Federal Employees Metal Trades Council, AFL - CIO (the Council) is the exclusive representative of a unit of employees of the Respondent. The International Federation of Professional and Technical Engineers, Local 121 [PAGE] (the IFPTE), an affiliated local union of the Council, has been designated and functions as contract administrator for the unit. As contract administrator, the IFPTE has handled all representational functions for the Council, including negotiating the current collective bargaining agreement for the unit. By letters dated February 20, February 27, March 9, and April 28, 1987, the Council requested the names and home addresses of all bargaining-unit employees of the Respondent. By letters dated March 16 and April 30, 1987, the Respondent refused to provide the information to the Council. The parties have stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business, are reasonably available, and do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
A. The Respondent
The Respondent disagrees with the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986)(Farmers Home), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), and asserts that the Authority erred in that decision. It contends that the disclosure of the names and home addresses of all bargaining-unit employees to the council is prohibited by the Privacy Act and that the information is neither necessary nor relevant to the Council's representational responsibilities. The Respondent further contends that the Council has designated the IFPTE as contract administrator for all representational matters pertaining to the bargaining unit and that the Council does not perform any representational functions. Thus, the Respondent asserts that any obligation to provide information accrues exclusively to the IFPTE, not the Council.
B. The General Counsel
The General Counsel argues that this case is controlled by Farmers Home. In response to the Respondent's argument that the Council has no need for the information in light of the IFPTE's performance as contract administrator, the General Council argues that the Council's right to receive the names and home addresses of unit employees results from its status as the exclusive representative. The General Counsel submits that the Respondent's admitted failure to [ v30 p2 ] provide the names and home addresses of bargaining-unit employees violates section 7116(a)(1), (5) and (8) of the Statute.
IV. Analysis and Conclusions
In our decision on remand in Farmers Home, we held that the release of the names and home addresses of bargaining-unit employees to exclusive representatives is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements of section 7114(b)(4) of the Statute. our decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. We found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act. We also determined that the release of the information is generally required without regard to whether alternative means of communication are available.
Consistent with our decision in Farmers Home, we find, therefore, that the Respondent was required to furnish the Council, the exclusive representative of its employees, with the names and home addresses of the employees and its refusal to do so violated section 7116(a)(1), (5) and (8) of the Statute. In so concluding, we find that the Respondent was not relieved of this obligation by the Council's designation of the IFPTE as contract administrator. See Department of the Navy, Naval Supply Center, Pearl Harbor, Hawaii, 29 FLRA No. 97 (1987).
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Department of the Navy, Navy Public Works Center, Honolulu, Hawaii, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all unit employees located at the Navy Public Works Center, Honolulu, Hawaii. [ v30 p3 ]
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Furnish the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all unit employees located at the Navy Public Works Center, Honolulu, Hawaii.
(b) Post at the Navy Public Works Center, Honolulu, Hawaii, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer, Navy Public Works Center, Honolulu, Hawaii, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IX, Federal Labor Relations Authority, San Francisco, california, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.
Issued, Washington, D.C., November 30,1987.
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v30 p4 ]
NOTICE TO ALL EMPLOYEES AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY AND TO EFFECTUATE THE POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of certain of our empl